When a surgery does not result in improved health, or worse, leads to injury or death, our first instinct is to strike back at the person who hurt us and file a medical malpractice lawsuit. But not every bad outcome results from medical malpractice. Many bad outcomes result from:

  • Unforeseen and unforeseeable complications
  • The severity of the injury prior to surgery or treatment or the complexity of the proposed surgery
  • Infection not resulting from careless sanitary procedures

Bad outcomes that do not result from medical malpractice happen all the time. Every surgery or medical procedure has inherent risk and usually a known likelihood of failure.

Medical malpractice occurs when a provider of medical care acts negligently. This means that the medical practitioner does not live up to standards of treatment normally expected in the medical community and makes avoidable mistakes.

In America, the medical malpractice system does not lead to perfect outcomes where every victim of medical malpractice receives compensation, and every victim of bad luck does not. If you or a loved one suffered a bad outcome after a surgery or course of treatment, it is important work with a seasoned NJ medical malpractice lawyer to ensure that you get the compensation you deserve. Or to tell you that your medical malpractice claim is not viable in court.

While an inexperienced attorney might encourage you to pursue a medical malpractice claim even when you have bad luck but not bad practice, a more experienced personal injury attorney will draw on knowledge of similar cases to prevent you from making a bad situation worse.